The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
This Reading Room is a comprehensive database of published opinions written by the Justice Department’s Office of Legal Counsel (OLC). It contains the approximately 1,400 opinions published by the OLC in its online database and the opinions produced in Freedom of Information Act litigation brought by the Knight Institute, including opinions about the Pentagon Papers, the Civil Rights Era, and the War Powers Act. It also contains indexes of unclassified OLC opinions written between 1945 and February 15, 1994 (these indexes were created by the OLC and intended to be comprehensive). We have compiled those indexes into a single list here and in .csv format here. This Reading Room also contains an index of all classified OLC opinions issued between 1974 and 2021, except those classified or codeword-classified at a level higher than Top Secret (the OLC created this index, too, and intended it to be comprehensive).
Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.
The Knight Institute will continue updating the reading room with new records. To get alerts when the OLC publishes a new opinion in its database, follow @OLCforthepeople on Twitter.
Showing 1891–1900 of 2214
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Draft UNESCO convention relating to control of the international movement of national art treasures
The document is a letter from Assistant Attorney General William Rehnquist to John R. Stevenson, discussing the review of a draft UNESCO convention relating to the control of the international movement of national art treasures. The letter expresses concerns about potential litigating responsibilities and the practical aspects of implementing the convention. It questions the practicality and enforceability of certain provisions, particularly regarding the prohibition of importing material exported in violation of exporting country's standards. The letter also raises concerns about the vagueness and ambiguity of specific provisions in the convention. The document presents questions about the potential litigating responsibilities, the practicality of implementing the convention, and the precision of its drafting.
7/27/2020
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Statutory Language to Avodi Prohibition of Article I, Section 6, United States Constitution
The document is a memorandum discussing the statutory language needed to avoid the prohibition of Article I, Section 6 of the United States Constitution, which prevents members of Congress from being appointed to civil offices with increased emoluments during their term. The document presents three possible ways to accomplish this, with the conclusion that the first method is the least subject to attack constitutionally, while the third method is likely unconstitutional. The document also references a precedent from 1909 involving the appointment of a Secretary of State, which supports legislation similar to the first method described. The questions presented for review include the constitutionality of the proposed statutory language and the potential violation of the spirit of the constitutional provision.
10/27/2020
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Authority to use federal troops to assist in the protection of foreign embassies in the District of Columbia
The document is a memorandum discussing the use of federal troops to protect foreign embassies in the District of Columbia. It concludes that National Guardsmen can be appointed as special policemen to assist the Metropolitan Police Department in protecting embassies, while elements of the Navy, including the Marine Corps and Coast Guard, can also be utilized for this purpose. However, it states that the Posse Comitatus Act prohibits the use of the Army or Air Force for this purpose, unless authorized by statute. The document also raises the question of whether the constitutional responsibility for foreign affairs constitutes an exception to the general prohibition of the Posse Comitatus Act. The memorandum presents the conclusion that federal troops could be used to protect diplomatic personnel, functions, and property, but it also highlights the need for further research on similar provisions applicable to the Navy.
10/27/2020
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Assistance to Civil Authorities in the Washington Metropolitan Area
The document contains a series of communications and proposed orders regarding the use of federal troops and the National Guard in the event of civil disturbances in the District of Columbia. The Attorney General and the Secretary of Defense agree that local law enforcement officials have primary responsibility for maintaining law and order, with federal assistance as requested. The proposed proclamation and Executive order are for use in dealing with an outbreak of civil disorder in the District that is beyond the capacity of local police forces to bring promptly under control. The document also outlines the procedures for the use of military forces, the coordination of activities between federal and local agencies, and the criteria for the withdrawal of military forces. The questions presented for review include the legal grounds for using military force, the coordination of activities between federal and local agencies, and the criteria for the withdrawal of military forces.
10/27/2020
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Statutory authority to use federal troops to assist in the protection of the President
The document discusses the statutory authority for using federal troops to assist in protecting the President during planned demonstrations. It concludes that Public Law 90-331 authorizes the use of armed forces if requested by the Director of the Secret Service. The document also presents a review of the legislative history of the law and its relationship to the Posse Comitatus Act. It raises questions about the scope of the Secret Service's authority in carrying out protective functions and the reasonableness of positioning troops in the vicinity of the White House during demonstrations.
10/27/2020
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Legal authority for consumer credit controls
The document discusses the legal authority for the reinstatement of Regulation W, which deals with consumer credit controls under the Federal Reserve System. It concludes that the Federal Reserve System has the legal authority to impose consumer credit controls under Executive Order No. 8843 without the need for a new Executive order, due to the national emergency declared by President Truman in 1950. The document also presents the legislative history and congressional actions related to the imposition of consumer credit controls, and it outlines the choices for implementation, including relying on the existing Executive Order or issuing a new one under Section 5(b) of the Act. The questions presented for review include the legal existence of a national emergency, the choices for implementation, and the potential adverse effects of reimposing consumer credit controls without explicit congressional authorization.
10/27/2020
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Department of Transportation Title VI Regulation
The document is a response to a memorandum requesting comments on a proposed Department of Transportation regulation under Title VI of the Civil Rights Act of 1964. The conclusions reached in the document include approval of certain provisions that align with previous recommendations and no objection to provisions related to property situated in air space acquired as part of the assisted program. The document also raises questions about the appropriateness of an affirmative action provision in employment practices, the need for amendments to deal with assistance extended under previous regulations, and confusion in the use of the term "programs" in the proposed regulation.
7/27/2020
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Use by private organization of initials "LEAA"
The document discusses the legality of a private organization, the Law Enforcement Aerospace Association, using the initials "LEAA" on its letterhead and whether it may cause confusion with the Law Enforcement Assistance Administration. The conclusion reached is that the Law Enforcement Aerospace Association, being a professional organization of public law enforcement officers, is not covered by the laws prohibiting the use of certain federal agency names and initials. The document presents questions for review regarding the need for legislation to amend the existing laws to eliminate possible confusion caused by the use of agency initials by private organizations.
7/27/2020
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Christmas Gift for the President
The document discusses the legality of Cabinet members making contributions for a Christmas gift to the President. The conclusion reached is that solicitation and donation for such a gift is in violation of 5 U.S.C. 7351, which prohibits employees from soliciting or making gifts to an official superior. The document also presents alternative suggestions for handling the matter, such as undoing the steps taken so far or making the gift to the White House for use by any President. The questions presented for review include the interpretation of the statute, the implications of the gift in the public eye, and the appropriate handling of the matter to avoid any violation of the law or public criticism.
10/27/2020
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Funding of the White House Conference on Food, Nutrition, and Health.
The document discusses the funding difficulties for the White House Conference on Food, Nutrition, and Health and presents possible approaches to funding the conference. It outlines the legal problems arising from the lack of specific funds and discusses the practical considerations for structuring the conference. The document presents two main approaches for funding: single agency funding and joint agency funding. It also highlights the legal and administrative considerations for structuring the conference as an advisory committee or through grants or contracts. The conclusion reached is that the funding of the conference is a complex issue that requires careful consideration of legal, administrative, and practical aspects. The document presents questions regarding the availability of specific grant funds, the structuring of the conference as an advisory committee, and the coordination of funding from multiple departments.
10/27/2020